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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Ive Just been contacted by Child maintenace services, they

Resolved Question:

Ive Just been contacted by Child maintenace services, they went in and took a gross income figure, my overtime is not guarenteed can i not contest this and go in on a net figure ?
Also ive been paying her for 10yrs, which she has not declared , she was on benifits.
Will no one take this into account ?
I dont speak to my ex, and want to take this undeclared income legal, can you help ?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
have they based it on your actual gross income in the last three months?
Is there anything different about the last three months in terms of your work?
Are they claiming any arrears?
Clare
Customer: replied 3 years ago.

Hi Clare,

They have based my gross income on my years income.

There are no difference in the last 3 months of work.

I work shift work on the railways and work 7 days on 7 days off, i work early morning, middles, and lates.

They are not claiming any arrears its based from the 9th July 2014.

Ive sent my ex partner a private settlement to which she didnt reply.

I have asked for a DNA test as im father un-known on both birth certificates.

She has agreed to this yesterday after 3 weeks.

As im contesting i am the father a DNA test is the only way forward, its gonna cost me between £280-£380 for this.

My 0/T is not Guaranteed but the child maintenance services the law changed last year, and they will only look at a gross annual income.

Many Thanks

Terry

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you are correct the payments are now made based on gross income - but the percentages have been reduced so in fact you end up paying much the same as before.
If it becomes clear that you are in fact earning less that you did in the previous year you can ask for a re-assessment based on your income in the previous three months
Monies paid in the past doe snot count towards maintenance that is due now I am afraid.
If the DNA tests are done via the CMS then any monies you pay will be re-imbursed if you are not the father
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you